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Madras High CourtCRL OP(MD)/5543/2020allowed

Kannan v. The Deputy Superintendent Of Police

2020-05-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.5543 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5543 of 2020 Kannan

...Petitioner/Accused No.5

Vs 1.The Deputy Superintendent of Police, Puliyangudi, Tenkasi District.

2.State:

Rep. the Inspector of Police, Chokkampatti Police Station, Tenkasi District.

(Crime No.125 of 2020)

...Respondents/Complainants

3.Rameshkannan ...3rd Respondent/Defacto Complainant 4.Kumar 5.Ravi ... Respondents 4 & 5/Victims PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the learned second Additional District and Sessions Judge (PCR) Court, Tirunelveli to accept the surrender of the petitioner and consider his bail application on the same day on merit relating to Crime No.125 of 2020, dated 09.05.2020.

For Petitioner : Mr.J.C.Rathinavelpandian For R1 & R2 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is shown as accused No.5 in Crime No.125 of 2020 registered on the file of the Inspector of Police, Chokkampatti Police Station, Tenkasi District, for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC r/w Sections 3(1)(s), 3 (1)(r) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2.The learned counsel appearing for the petitioner reiterated the contentions set out in the original petition. 3.Considering the present times, notice to the respondents 3 to 5 is dispensed with.

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Crl.O.P.(MD)No.5543 of 2020 4.I am of the view that interest of justice will be served by permitting the petitioner to surrender before the jurisdictional Special Court within a period of eight weeks from the date of receipt of a copy of this order. The learned Special Judge will dispose of the petitioner's bail petition on the same day of surrender. Since this direction will become infructuous, if the petitioner is arrested in the meanwhile, the respondents 1 and 2 are restrained from arresting the petitioner till the expiry of the period of eight weeks.

5. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi NOTE:Due to lockdown situation, soft copy of this order hosted on the website of the Court will be treated as true copy. To 1.The Second Additional District and Sessions Judge (PCR) Court, Tirunelveli.

2.The Deputy Superintendent of Police, Puliyangudi, Tenkasi District.

3.The Inspector of Police, Chokkampatti Police Station, Tenkasi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.5543 of 2020 28.05.2020 AP(05/06/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4